Wyoming Domestic Violence Laws

Wyoming's definition of domestic violence covers various acts, including physical abuse, inducing fear of imminent harm, or forced sexual activity by a household member. The law recognizes a variety of relationships as "household members," including married or formerly married couples, cohabitants, and those sharing a child. The state offers protection orders to prevent further abuse, and penalties for violations escalate with subsequent offenses.

In Wyoming, domestic violence is a serious criminal offense affecting families and communities. In light of this, the state established comprehensive laws to protect victims of domestic abuse. These laws also keep offenders accountable by providing stringent fines and penalties.

If you or your loved one is experiencing domestic violence, the following resources can provide help and support:

If you are in immediate danger, call 911. Once you secure your safety, a domestic violence attorney can give you legal advice on how to obtain a protection order.

This article provides an overview of the domestic violence laws in Wyoming and the fines and penalties for this criminal charge.

Understanding Domestic Violence Laws in Wyoming

Wyoming's criminal statutes provide a comprehensive legal framework that addresses domestic violence. The table below summarizes the key aspects of domestic violence laws in the state.

Domestic Abuse Defined

Wyoming statute, (Wyo. stat. 35-21-102), defines domestic abuse as one or more of the following acts committed by a household member:

  • Physical abuse, threats of physical abuse, or attempts to cause physical harm
  • Acts that unreasonably restrict the personal liberty of another household member
  • Putting a household member in reasonable fear of imminent physical harm
  • Forcing a household member to engage in sexual activity through threat, force, or threat of force or duress

Household Members Defined

The following individuals are considered "household members" under Wyoming law:

  • Married couples and former spouses
  • Persons living together as if married
  • Persons who formerly lived together as if married
  • Parents and their adult children
  • Other adults sharing common living quarters
  • Parents of a child in common, even if not living together
  • Persons who are in, or have been in, a dating relationship

Note that Wyoming's domestic violence law considers anyone over sixteen years old or legally married as an adult. This differs from the state's general age of majority, which is 18.

Mandatory Arrest?

No. Wyoming Statute § 35-21-107 allows local law enforcement officers responding to a domestic violence call to take steps "reasonably necessary" to prevent further abuse. This can include arresting the abuser when appropriate. However, they are not required to make an arrest.

Orders of Protection in Wyoming

Wyoming courts can issue protection orders to safeguard victims of domestic abuse. The following are types of protection orders that the court can issue:

Ex Parte Protection Orders

Wyoming courts can issue an emergency ex parte protection order to give the victim immediate protection from domestic abuse. "Ex parte" means the judge can issue this order without the respondent (the alleged abuser) being present or even notified.

The court will grant an ex parte temporary order if the danger of further abuse appears imminent. The temporary order of protection and hearing notice is then served on the alleged perpetrator. Within 72 hours, the court will hold another hearing to decide whether to issue a final protection order.

Final Protection Order

A final protection order gives comprehensive legal protection the the victim. This can include multiple provisions to safeguard the victim and their children from further abuse. A typical order might include any of the following:

  • Grant exclusive possession of the house to the victim of domestic abuse or order the abuser to provide alternative housing. The court may also grant custody of pets.
  • Prohibit the abuser from initiating contact with the victim of the abuser and order them to stay away from the victim’s residence or place of work.
  • The judge may also prohibit the abuser from abducting or concealing the children or transferring or disposing of the properties of the victim.
  • Award temporary child custody and set a supervised visitation.
  • Order child support payments.
  • The court may also order additional remedies, such as requiring the abuser to attend counseling or treatment.

The court can extend the final protection order for up to three years, with the possibility of repeated extensions after showing good cause.

Penalties for Domestic Violence in Wyoming

Under Wyoming statute, the penalties for domestic assault are as follows:

First offense

  • Up to 6 months imprisonment
  • A fine of up to $750, or
  • Both imprisonment and fine

Second offense

Penalties increase if the person has previously been convicted of domestic assault or similar offenses against a household member within the last five years:

  • Up to 1 year of imprisonment
  • A fine of up to $1,000, or
  • Both imprisonment and fine

Multiple convictions within 10 years

If, in the past ten years, the abuser faced two or more convictions of domestic battery or one conviction of domestic battery plus another qualifying offense, the penalty increases to:

  • Up to 10 years of imprisonment
  • A fine of up to $10,000 or
  • Both imprisonment and fine

Enhancing Circumstances

Conviction of any of the following acts enhances the penalties:

  • Simple assault
  • Aggravated assault and battery
  • Domestic battery
  • Child abuse
  • Reckless endangerment
  • Unlawful contact
  • Strangulation of a household member
  • Kidnapping
  • Felonious restraint
  • False imprisonment

Note: State laws are subject to change. Although FindLaw strives to provide the most current information, it is best to seek legal help from an attorney before making any legal decision.

Related Resources:

Seek Legal Advice

If you are a victim of domestic violence in Wyoming, seek help immediately. You can contact the Wyoming Coalition Against Domestic Violence and Sexual Assault at 1-800-990-3877 or the National Domestic Violence Hotline at 1-800-799-SAFE (7233). These organizations can give you immediate support and connect you with local resources.

If you need assistance obtaining a protection order, you can contact a domestic violence attorney. They can help you understand the legal protections available to you.

For those facing domestic violence charges, it is also crucial that you seek legal representation. A criminal defense attorney can help find the best possible defenses and guide you through understanding the legal process. The consequences of domestic violence charges can be life-altering, so it is crucial to seek help right away.

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